Judge not according to the appearance, but judge righteous judgment. John 7:24King James Version

Trial-by-ambush can be very effective if you are are the party with all the aces up your sleeve, but many worthy persons believe justice suffers in the process. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West: 2007). page 144.

https://www.co.dakota.mn.us/LawJustice/CriminalComplaint/Pages/default.aspx Criminal charges are not evidence of guilt. A defendant/suspect is presumed innocent unless and until proven guilty. Complaints are posted to this website for a period of 12 months. Any criminal complaints alleging charges of criminal sexual conduct or child pornography are not available in Criminal Complaint Search. A complaint not available on this website may be obtained from the Dakota County Court Administrator’s Office by contacting 651-438-8100. Sign up for E-news Get Dakota County Sheriff's Office and Dakota County Attorney's Office sent directly to your email inbox by signing up for Dakota County E-News. Sign up now.

More technology won’t address what Rysavy described as a people issue in the number of court employees. In other words, the move isn’t likely to drastically speed up business at courthouses. “A trial is still going to take two weeks if it was going to take two weeks before,” Rysavy said. Courts brace for paperless system Published 11:57am Monday, January 30, 2012 By Jason Schoonover, Austin Daily Herald Page 2 of 5

In an era when trial by ambush is prohibited, litigators inexplicably continue to ignore the fact that as much as 30 percent of all evidence is maintained solely in electronic form.1 1 Monte E. Sokol & Phillip P. Andriola, "Cyberspace Becomes Ground Zero in Discovery Process and at Trial," N.Y.L.J., 12/1/97, S5. E-Discovery: Unearthing Documents Byte by Byte By J. Robert Keena http://www2.mnbar.org/benchandbar/2002/mar02/ediscovery.htm

Minnesota Discovery Law – Discovery was designed to to prevent trial by ambush. http://evidence.uslegal.com/discovery/minnesota-discovery-law/

612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Deputies must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If a deputy learns of potentially incriminating or exculpatory information any time after submission of a case, the deputy or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office.If information is believed to be privileged or confidential (e.g., confidential informant or protected personnel files), the deputy should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If a deputy is unsure whether evidence or facts are material, the deputy should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Office case file. Brady Material Disclosure. Policy 612. Beltrami County Sheriff's Office Lexipol Policy Manual.

When you are arrested today, the federal prosecutors automatically expect that they will be able to force you to plead guilty – whether you are or not. And their police agents, especially the DEA, take the same attitude. It is now quite common to see truly innocent defendants convicted and sentenced to longer terms because the Government rewards others, often the guiltiest parties, with shorter sentences in exchange for testifying against the innocent. Defense attorneys know this – they see it constantly – and it is slowly corrupting many of them. Busted by the Feds: A Manual for Defendants Facing Federal Prosecution by Larry Fassler, 12th Ed., page 108

E. PRINCIPLE FIVE Peace officers shall treat all members of the public courteously and with respect. 1. Rationale: Peace officers are the most visible form of local government. Therefore, peace officers must make a positive impression when interacting with the public and each other. b) No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass, humiliate, or shame any person to do anything reasonably calculated to incite a person to violence.D. PRINCIPLE FOUR Peace officers shall not, whether on or off duty, exhibit any conduct which discredits themselves or their agency or otherwise impairs their ability or that of other officers or the agency to provide law enforcement services to the community. 1. Rationale: A peace officer’s ability to perform his or her duties is dependent upon the respect and confidence communities have for the officer and law enforcement officers in general. Peace officers must conduct themselves in a manner consistent with the integrity and trustworthiness expected of them by the public. PROFESSIONAL CONDUCT OF PEACE OFFICERS MODEL POLICY MN STAT 626.8457 https://dps.mn.gov/entity/post/model-policies-learning-objectives/Documents/Professional-Conduct-of-Peace-Officers-Model-Policy.pdf

notification. http://www.ipad.state.mn.us/docs/accesspol-adopt.docx Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies [Name of entity] has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies [name of entity]’s obligation under Minnesota Statutes, section 13.073, subdivision 6. [Signed by] [Title] [Date] *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us

Data Practices Policy for Members of the Public [Brackets] are located in the sections of this document where an entity has a decision point. In some places, IPAD includes a recommendation. If your entity adopts this model policy, it must notify the Commissioner of Administration per Minnesota Statutes, section 13.073, subd. 6. Please use the notification information at the end of this model policy. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. http://www.ipad.state.mn.us/docs/accesspolpub.docx

https://www.revisor.mn.gov/statutes/?id=13.03&format=pdfhttps://www.revisor.mn.gov/statutes/?id=13.0313.03 ACCESS TO GOVERNMENT DATA. Subd. 3. Request for access to data (f) If the responsible authority or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon after that time as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.

https://www.revisor.mn.gov/statutes/?id=13.43https://www.revisor.mn.gov/statutes/?id=13.43&format=pdf13.43 PERSONNEL DATA. Subd. 2. Public data. (1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; (2) job title and bargaining unit; job description; education and training background; and previous work experience; (3) date of first and last employment; (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) the final disposition of any disciplinary action together with the specific reasons for the action and Page 4 of 5

data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;(6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph(a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;(7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and

https://dps.mn.gov/entity/post/about/Documents/post-strategic-plan.pdf The POST Board’s philosophy is to serve as a resource and partner with stakeholders to ensure compliance with legislatively mandated policies and training. Since its inception, the POST Board’s licensing standards have been recognized as a model across the nation as Minnesota remains the only state to require all peace officers to obtain a post-secondary degree. The POST Board’s Standards Coordinators conduct on-site compliance reviews of law enforcement agencies throughout the state. Reviews ensure compliance with training standards, officer hiring practices and state-mandated policies in order to promote a more predictable and uniform state-wide delivery of public safety services. Agency Compliance The POST Board staff reviews all state law enforcement agencies over a period of five years.

In 2009 the Sheriffs Association partnered with Lexipol, a private risk management company, to develop a uniform policy manual. In 2011, Scott became one of the first two counties in Minnesota to adopt the Lexipol model. Section 444.2, cited by Grievant, was part of the new policy manual. Although it was in effect at the time of this grievance, it expired in February, 2013 and has not been re-adopted http://www.mn.gov/admin/images/20130523-Scott.pdf

There was a short discussion of how the MN Chiefs Association and MN Sheriffs Association are looking at sighing an agreement with LEXIPOL. The purpose of this agreement would be for a statewide consistency in policies and the constant update of local police department policies. Present: Chief Waldron-Virginia PD, Jim Denny-Grand Rapids PD, Chief Serfling-Grand Rapids, Chief Lamirande-Cloquet, Chief Wobig-Proctor PD, Sheriff Carey Johnson- Lake Co Sheriff’s Dept, chief Madsen-Hill City PD, Sheriff Mark Falk-Cook Co SO, Chief Mike Anderson-Hermantown PD, Chief Shawn Padden-Duluth Township PD, Jennifer Lehman-Hibbing Community College, Shieriff Lake-Carlton CO SO, Chief John Saw-Ely PD, Chief Scott Erickson and Lt. Vern Manner-Chisholm PD The December 2009 NLEAC meeting was called to order at 11:00a.m. This meeting was held at Trapper Petes in Scanlon. http://28-201-29-134.hcc.mnscu.edu/2009meetingminutes/december-2009.html

In 2009 the Sheriffs Association partnered with Lexipol, a private risk management company, to deve lop a uniform policy manual. In 2011, Scott became one of the first two counties in Minnesota to adopt the Lexipol model. IN THE MATTER OF THE ARBITRATIO BETWEE ; Law Enforcement Labor Services, Inc., Local 157 -and- Scott County ARBITRATION OPINION AND AWARD BMS Case No. 13-PA-0226 http://www.mn.gov/admin/images/20130523-Scott.pdf

Finally, the sheriff’s office has been working on standardizing departmental policies and procedures utilizing a company called Lexipol. This company provides risk management policies and resources for organizations, delivering our services through a unique, web-based development system. Lexipol offers state-specific policy manuals that are integrated with scenario-based daily training on high-risk, low-frequency events. Dodge sheriff strives to make department better By: Sheriff Scott Rose, Steele Co. Times. Thursday, 02/26/2015 - 2:27pm admin

Can an organization receive the manual in electronic form? Yes. Your organization may download the manual in PDF format to distribute to personnel or to place on your organization’s intranet. http://www.lexipol.com/law-enforcement/law-enforcement-faqs/ Page 5 of 5

The following is in response to your 4/25/2016 data request.1. Warrant information is available at https://www.co.dakota.mn.us/LawJustice/Warrants/Pages/default.aspx . There is no squad audio/video, GPS data, dispatch logs, dispatch audio pictures or computer aided dispatch reports. Personal audio recorder data and incident reports are not available per Minnesota Statue 13.82 Subd. 7.2. The squad camera invoice and terms are attached.3. There are no union exhibits or joint exhibits that were part of the internal affairs investigation. Rick Bussler’s 2010-2014 training log is attached.